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The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



ADMINISTRATIVE ORDER 



FINAL DECISION LETTERS 



A 



m 



TIT* 



PROPOSED RULES 

CPA Examiners 

ECD 

EHNR 

Human Resources 

FINAL RULES 
Correction 



ISSUE DATE: NOVEMBER 15, 1989 



Volume 4 • Issue 16 • Pages 802-825 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a cop}' of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carohna 
Register is a\ailable by yearly subscription at a cost of 
one hundred and fi\e dollars (S105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary-, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Di\'ision of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the Nortli Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\al by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request b>- the agen- 
cy, the adopted \ersion \^■ill again be published in the 
North Caroli>ia Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at an\- time before final action is 
taken b>' the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agenc>' adopting a temporary rule^ 
must begin normal rule-making procedures on the per 
manent rule at the same time the temporary rule is 
adopted. 



i 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is di\ided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents (S2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 \olumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly \^•ith replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
se\'en hundred and fifty dollars (S750.00). In 
dividual volumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrati\'e 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The Nortli Carolina Register is cited b\' \'olume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



( 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
1 1666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and fi\e dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement sen'ice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions se\en hundred and fifty dollars 
(S750.00). Individual volumes available. 



( 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Ojfice of Administrative Hearings 

P. O. Drawer 1/666 

Raleigh, ^C 27604 

(919) 733 - 2678 



I. ADMINISTRATrVE ORDER 

Administrative Order 802 



II. FINAL DECISION LETTERS 

Voting Rights Act 803 



III. PROPOSED RULES 
ECD 

N. C. Seafood Industrial 

Park Authority 806 

EHNR 
Wildlife Resources 

Commission 809 

Human Resources 

Medical Assistance 808 

Licensing Board 
CPA Examiners 810 



James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



rv. FINAL RULES 

Correction 

Departmental Rules 815 

Division of Prisons 817 

V. CUMULATE E ESDEX 823 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(January I9S9 - May 1990) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


+++++++♦ 


+++++*++ 


******** 


+++♦+♦++ 


*******i 


01/02/89 


12/08/88 


12/15/88 


02/01/89 


05/01/89 


01/16,89 


12/27/88 


01,03/89 


02/15/89 


05/01/89 


02/01,89 


01/10/89 


01/17/89 


03/03/89 


06,01/89 


02/15,89 


01/26/89 


02,02/89 


03/17/89 


06/01/89 


03/01,89 


02/08/89 


02/15/89 


03/31/89 


07,01/89 


03/15/89 


02'21/89 


0302/89 


04/14,89 


07/01/89 


0403/89 


03 10 '89 


03.17/89 


05,03/89 


08/01/89 


04, 14, 89 


03/23, 89 


03 31/89 


05/14,89 


08 01,89 


05/01 89 


04 '10 89 


04/17/89 


05/31/89 


09 01/89 


05/15,89 


04/24 '89 


05/01/89 


06/14/89 


09,01/89 


06/01/89 


05/10 89 


05/17/89 


07/01/89 


10,01/89 


06 15,89 


05 24 89 


06 01 '89 


07/15 89 


10 01,89 


07,03 89 


06/12,89 


06/19/89 


08/01,89 


11,01,89 


07/14 89 


06 '22/89 


06 29/89 


08/13/89 


11/01 89 


08,01/89 


07,'ir89 


07,18/89 


08/31/89 


12 01/89 


08/15/89 


07/25/89 


08/01/89 


09/14/89 


12,01/89 


09/01,89 


08,11,89 


08 18/89 


10,01/89 


01 01/90 


09/15/89 


08 24 89 


0831/89 


10/ 15, 89 


01 01/90 


10,02,89 


09/11/89 


09 18 89 


11/01,89 


02 01/90 


10/16 89 


09,25,89 


10 02/89 


11/15,89 


02 01/90 


11,01,89 


10/11/89 


10 18/89 


12,/01/89 


03/01/90 


11/15,89 


10 '24 '89 


10/31/89 


12/15/89 


03/01/90 


12/01/89 


11 07 89 


11/15/89 


12/31/89 


04/01/90 


12/15 89 


11 22 89 


12 01/89 


01/14/90 


04 01/90 


01/02,90 


12,07/89 


12/14/89 


02/01,90 


05,01/90 


01/16/90 


12,20/89 


12/29/89 


02,15/90 


05/01/90 


02/01,90 


01'10'90 


01/18/90 


03,03/90 


06/01/90 


02/15,90 


01 25 90 


02,01/90 


03/17,90 


06,01/90 


03,01,90 


02 08/90 


02/15 90 


03 31,90 


07,01,90 


03/15,90 


02 22/90 


03 01/90 


04' 14 90 


07/01 '90 


04/02,90 


03 12/90 


03,19/90 


05/02,90 


08/01/90 


04, 16 90 


03/2390 


03,30/90 


05/1690 


08/01/90 


05/01/90 


04 09/90 


04 17/90 


05/31/90 


09 01/90 


05/15/90 


04 24 90 


05 01/90 


06 14 90 


09,01/90 



* The "Earliest Effecti\e Date" is computed assuming that tlie public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrati\-e Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



ADMINISTRA TIVE ORDER 



STATE OF NORTH CAROLINA IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 
COUNTY OF WAKE 



The Administrative Order issued by Chief Administrative Law Judge Robert A. Melott on 
March 21, 1989 and published at 4:1 NCR 4, April 3, 1989, is hereby rescinded. 



This the 6th day of November, 1989. 



s/Beecher R. Gray, Acting 
Chief Administrative Law Judge 



NOR TH CA ROLINA REGIS TER 802 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. I20-30.9H, effective July 16, 1986. requires thai all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JPT;MAP:TGL:rac 

DJ 1 66- 1 2- 3 Voting Section 

Z1093 P.O. Box 66128 

Z3103-3106 Washington, D.C. 20035-6128 

October 17, 1989 

DeWitt F. McCarley, Esq. 

Citv Attomev 

P.O. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. .\IcCarIcy: 

This refers to the procedures for conducting the November 7, 1989, referendum election; Act No. 
359, H.B. No. 936 (1989), which amends referendum procedures; the adoption of four-year terms for 
the city council and mayor; and the provision that the mayor has a full vote on the city council in the 
City of Greenville in Pitt County, North Carolina, submitted to the Attorney General pursuant to 
Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your sub- 
mission on August 18, 1989. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 

By: 



Barry H. Weinberg 
Acting Chief, Voting Section 



803 NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JPT:MAP:FHD:lrj 

DJ 166-012-3 Voting Section 

Z1167 P.O. Box 66128 

Washington, D.C. 20035-6128 

October 17, 1989 

Jesse L. Warren, Esq. 

City Attorney 

Drawer W-2 

Greensboro, North Carolina 27402 

Dear Mr. Warren: 

This refers to the annexation (Ordinance No. 89-107) to the City of Greensboro in Guilford 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on August 18, 1989. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Barry H. Weinberg 
Acting Chief, Voting Section 



NOR TH CA ROLINA REGIS TER 804 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JPT:MAP;RA:gmh 

DJ 166-012-3 Voting Section 

Z:066 P.O. Box 66128 

Washington, D.C. 20035-6128 

October 27, 1989 

George A. Weaver, Esq. 

Lee, Reece & Weaver 

P.O. Box 2047 

Wilson, North CaroUna 27894-2047 

Dear Mr. Weaver: 

This refers to the election day precinct transfer procedures for WUson County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 
42 U.S.C. 1973c. We received your submission on September 1, 1989. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 



James P. Turner 

Acting Assistant Attorney General 

Ci\il Rights Division 



By: 



Barry H. Weinberg 
Acting Chief, Voting Section 



805 NOR TH CA ROLINA REGIS TER 



PROPOSED RULES 



TITLE 4 - FXONOMIC AM) COMMLTSITY 
DEVELOPMENT 

Jyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Seafood Indus- 
trial Park Authority intends to amend rule(s) 
cited as 4 MCAC 17 .0203 and .0205. 

1 he proposed effective date of this action is 
March I. 1990. 

1 he public hearing will be conducted at 7:30 
p.m. on December 18, 1989 at North Carolina 
Seafood Industrial Park Office, Wanchese, North 
Carolina. 

y^omment Procedures: Written comments will 
be received for thirty (30) days prior to the date 
of hearing. Any interested party may present 
comments at the hearing. 

CHAPTER 17 -SEAFOOD INDUSTRIAL PARK 
ALTMORITY 

SECTION .0200 - REGLLATION OF DOCKAGE 

.0203 GENERAL REGULATIONS FOR 
USE OF DOCK FACILITIES 

(a) As necessary', United States Coast Guard 
and Army Corp Corps of Engineers vessels 7 
whothor gosemmont owned Bf under private 
contract, will be given priority for dockage. 

(b) Except as set forth in Subsection (a) of this 
Rule, docks are available to active commercial 
fishing vessels on a first come, first ser\ed basis 
for short-term dockage. No vessel shall remain 
for a continuous period of more than sdon 14 
days without special authorization from Dock 
Security the Dockmaster or \^ Park Adminis- 
trator. 

(c) All fishing gear must be stowed inside rails 
of vessels to prevent chafing or damage to the 
dock structures or to other vessels. 

(d) The storage of fishing gear, equipment, 
materials or supplies will not be allowed on any 
wharf or property under the jurisdiction of the 
Park Authority without prior approval of the 
Park Administrator. 

(e) Yachts, tugs, barges or any other vessel not 
classified as a commercial fishing vessel, except 
as otherwise authorized, ohall net h% ic i sued 
docldng pennito aft4 cannot dock at wharves 
under the jurisdiction of the Park Authority 
without prior approval of the Dockmaster or the 
Park Administrator, ef 1«* dooignatod ropror . on 
tativo. 



(f) Sandblasting or spray painting of any vessel 
berthed at the Authority's docks is prohibited. 

(g) There shall be no offloading of seafood 
onto any vessel, vehicle or receptacle from the 
docks within the Seafood Park except as such 
offloading relates to persons doing business with 
seafood dealers who are tenants of the Seafood 
Industrial Park. 

(h) Receptacles and containers for trash are 
provided for vessel debris only. Vessel owners 
shall be responsible for the removal of large items 
of discarded equipment, or other large or heav^ 
items, including nets, cable, etc. 

(i) There shall be no hauling or marking of 
trawl wires utilizing the base of light fixtures or 
other authority structures or done in any manner 
which may cause damage to any property within 
the jurisdiction of the Park Authority. 

(j) All vehicular traffic must approach the dock 
front from access roadways provided. 

(k) Vehicles shall not be parked on the concrete 
dock front 7 unless loading or offloading supplies 
or equipment or senicing vessels. 

(1) .\ny unattended \ehicle or equipment which 
is impeding traffic or preventing the conduct of 
business alongside the wharves, or which is left 
on the premises for 1 5 days or more without au- 
thorization may be towed away or removed at 
the owner's expense. 

(m) All fuel trucks, ice trucks or other service 
vehicles shall conduct their business so as not to 
interfere with other users of the facilities and shall 
insure that oU and gasoline is prevented from es- 
caping iftte onto the ground, water into the wa- 
ter, or on the docks. 

(n) Vessels wLU be assessed for any damages 
caused by them or their crews to the bulkheads 
or dock structures or any other property of the 
Park Authority. 

(o) The Seafood Industrial Park Authority 
shaU not be responsible or liable for any theft, fire 
or other damage to persons, vessels or property 
while using the authority Park Authority facili- 
ties, it being the responsibility of vessel owners 
to secure and safeguard their vessels and property 
to their own satisfaction. 

(p) Vessels and their owners rofuuing te comply 
not complying with the rules and regulations set 
forth herein may be denied docking privileges at 
the authority Park Authority facilities. 

Statutory Authority G.S. 113-315.29; 113-315.34: 
113-315.37. 

.0205 RATES: FEES AND PENALTIES 

(a) Dockage will be computed on the basis of 
overall length of vessel (LOA). 



NORTH CAROLINA REGISTER 



806 



PROPOSED RULES 



(b) Daily fees will he computed on the basis 
of a 24 hour period or any portion thereof. 

^ (£2 A» iinnuiil fo» t4' tvro dolkirti r*ft4 fifty 
eeftte (^.50) A daily fee of fifteen cents ($0.15) 
per lineal foot or fractional part thereof shall be 
charged all commercial fishing vessels using the 
Wanchese Seafood Industrial Park docks, tie-up 
space alongside the concrete dock and for second 
or third boat abreast mooring. 

/ .■ i I i\ \ A ■ 1 »-i T-i 1 1 ■ 1 1 T ^ t- t J \ t r « I -. 1 . 1 /^ I 1 ■ t »■.- '\ n i\ f « t t 1 r /^^^t^ity 
\V J \ *-* } r» tTTTTTTTTTT r^^? tTT 1 1 f L-' t^^TTTTTTT^ til I*J ltt\ ^ \.\Jll\, J 

($5.50) A daily tee of fifty cents ($0.50) per lineal 
foot or fractional part thereof shall be charged all 
vessels or other water craft other than commer- 
cial fishing vessels using the Wanchese Seafood 
Industrial Park docks, tie-up space alongside the 
concrete dock and for second or third boat 
abreast mooring. 

(4^ (e) -Hw fee r . hull t»e paid, ift advanc e , »» a» 
annual h* '. cmiannual bur i io fo* docking privi 
Il'uoo. Daily fees must be paid in ad\ance upon 
tieing U2 or at the earliest time that Seatbod Park 
stall is on hand to collect pa\ment. 

fe^ [f} Checks should be made payable to the 
NC Seafood Industrial Park Authority aft4 
mailed ter iVdminir . trator, and any payment by 
cash or check may be made to the Dockmaster 
or Park Administrator or deli\cred to the 
Seatbod Park Administration Otfice, Wanchese 
Seafood Industrial Park, I larbor Road, 
Wanchese, N.C. The mailing address for receipt 
of fees IS P.O. Box 549, Wanchese, N. C. 27981. 
t*f payment mwy be dclisfr e d te the OITic a ef 
Adminir f tration, Wanchcr . e Seafood InduiUnal 
Park, Harbor Road, Wanchoao, rVr Gr 

ff) A p e nnit wtJ4 be ifi >. u e d upon paym e nt »f 
annual e* '. cmiannual dockago foef i . (n^ a ducal 
w+H- be pro>idL ' d ' ■ ■ ■ hich mu '. t be dii i playcd »» Ae 
VLMi ' jc ' l se a* te be won from the dock. 

(g) Payment of annual m- r .e miannual daily fees 
shall entitle a vessel to docking privileges for 
normal turnaround time between trips, using any 
available dock space under the jurisdiction of the 
park authority on a first come, first served basis. 
Normal turnaround time shall mean not more 
than 14 days between trips. Any extra time be- 
yond 14 days must be specificalh authorized by 
the Dockmaster or Park .Administrator. 

(h) Af¥f I ' xtra timo b e yond 44 days mu ' jt be 
F . pociiically authorii'.od by Dock Security m- Ae 
park adminii i trator aft4 w+U be a ' : f' : . e ' : ''' od at- a pef 
diem Fate e+' tsv e nty five centr . ($0.25) pef linear 
foot fof commercial fi -i hing v t'-.j. oh . a«4 fifty c e nt ; " . 
($0.5(^) pef linear foot fof recreational v e r . r .e lo aft4 
ay other ' i sater craft. 

(+^ A commercial fir . hing ' ■ eiiiiel vv ithout aft an- 
m«4 »f semiannual permit d e ! . iring t» dock fof 
am- portion ef a 21 hour period, ef ©» a daily 



five centn ($0.25) pef fi»et (I,Oj\). The daily fate 
fof aft oth e r ventieln meeting authorization crit e ria 
fof dockag e v4W be fifty c e nty . ($0.50) pef fo*»t 

^Xi^^^i.^_ 1 l-i 1 1 t f t^^^c m I 1 f « 1^^ T-v-i 1 /I \ r\ <ii\\ f t~i,^ix 1 1 t-Vi--\ r\ 

\ l-JV J 1 I / . I J Ull T I VV. J ITTTTTT I 'l.' \ '\Xt\X III UVS T TJ.1 1 VU U l7tTI I 

♦ li-ii f^ i-» tU^ J^J" ■"» *• * V' ■ t ^>- . yl ■ ft.- 1 t « *^»-^ ^v f l-» ■> *- r-i -I f I .• f* ■> t it 1 c 
I IV 11 1 C,^ \X \J \.f 1 LI r 1 1 WJ \J\JL\ I I V L T t L 1 1 1 IV 1 1 f IXl LJLll^^ ^^^C^^T ^^ 

»«• hand t» collect payment. 

(^ During periods of storm in the area or off- 
shore, the docks may be used as a harbor of ref- 
uge. In this event, all vessels requiring refuge 
from the elements may dock at the facility on a 
first come, first served basis and no fee will be 
charged any vessel during such period. When the 
necessity for the use of the facilities as a harbor 
of refuge no longer exists, vessels must leave the 
premises within 24 hours or be subject to the 
normal fee provisions contained in this Section 
in R+tte^O^O^T Rule .0205. 

flr^ (ij^ A fee in the amount of twenty-five dollars 
($25.00) will be assessed against any vessel leav- 
ing refuse on the dock. In addition, a fme of up 
to fifty doUars ($50.00) may be assessed against 
any vessel departing the premises and leaving 
behind trash, debris, equipment, or other mate- 
rial requiring cleanup or removal by the park 
administrator Seafood Park stall. 

(+^ (]} A ser\ice fee of twenty-five dollars 
($25.00) wUl be charged any vessel taking on 
water by m e ans ef a metered fife hydrant along 
with charges for actual metered water ur . ag e pro- 
vided according to the water rate schedule estab- 
hshed by the authority Park Authority for all 
users within the Seafood Park. 

f«4 (k) A fme of up to fifty dollars ($50.00) 
shall be assessed against any vessel whose crew 
is found to have thrown trash, debris, or fish into 
the harbor while berthed at the Authority dock. 

f»^ (I} Dockage fees shaU not include payment 
for water, electricity or other ancillary services. 
(m) Exceptions to Daily Fees: 

( 1) In lieu of paving daily dock fees, U.S. 
Coast Guard, I .S. .Army Corps of Engi- 
neers and other vessels peribrming state 
or federal contract dredging operations in 
the channels and waters in and around 
Wanchese I larbor to Oregon Inlet, may 
purchase annual or semi-annual dock use 
permits. 

(2) An annual fee of five dollars and fifty cents 
($5.50) per lineal foot or fractional part 
thereof shall be charged those vessels and 
will be prorated according to first day of 
dock 



use for the period, annual ^ 

l-.lune 30| or semi-annual [_ 
1-December 31 or Januar\ 1-June 30) 



Statutory Authority G. S. 113-315.29 (8). (9), 
{10); / 13-3/5.34. 



bai . iLs vrtft be * 



*e4 at a dailv fate el twenty 



807 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



n I LE 10 - DKPAR IMKM OF HUMAN 

RKsoi R( i:s 



No 



oticc is hereby gWcn in accordance with G.S. 
I SOB- 1 2 that the Department of Human 
Resources Dhision of Medical Assistance intends 
to adopt rule! SI cited as 10 SCAC 26C .0005; 
and amend rule{si cited as 10 SCAC 50B .0407. 

I he proposed effective date of this action is 
March I. 1990. 

1 he public hearing will be conducted at 1:30 
p.m. on December 15. I9S9 at Xorth Carolina 
Division of Medical .Assistance. I9S5 Umstead 
Drive. Room 20/ . Raleigh. Sorth Carolina 27603. 



Co 



omment Procedures: Written comments con- 
cerning this propo.wd adoption and proposed 
amendment must be submitted by December 15, 
1 989, to: Division of Medical Assistance. I9S5 
Umstead Drive. Raleigh. S.C. 27603, ATTW: Bill 
Ilottel. .4P.4 Coordinator. Oral comments may 
be presented at the hearing. In addition, a fiscal 
impact statement is available upon written request 
from the same address. 

CHAPTER 26 - MEOrCAL ASSISTANCE 

SLBCHAPIER 26C - AMOLNT: DERATION: 
AND SCOPE OF ASSISTANCE 

.0005 MEDICAL SERMCES 

/Ml medical senices pcrfonncd must be med- 
ically necessaiA' and may not be experimental in 
nature. Medical necessity is determined by gen- 
erally accepted North Carolina community prac- 
tice standards as \erified by independent 
Medicaid consultants. 

Authority G.S. l0SA-25(b); 42 C.F.R. 
440.230(d). 

CHAPTER 50 - MEDICAL ASSISTANCE 

SL BCIIAPTER 50B - ELIGIBILITY 
DETERMIN.VnON 

SECTION .0400 - BLDGETING PRINCIPALS 

.0407 PATIENT LIABILITY 

(a) Patient liability applies to clients who live 
in facilities for skilled nursing, intermediate nurs- 
ing, mtennediate nursing for mental retardation 
or other medical institutions. 

(b) Ihc patient client's patient liability for 
cost of care is computed as a monthl\ amount 
after allowanco ft+f h*y p e r - . ^ unal nood '. uiuIlt Rul e 



.0.113 »f A» SubchLiptcr afhi fi*f umciuntn pfe- 
r i cribc ' d by fcdcrul n. ' gulation ' i fof d e p e nd e nt '! at- 
home »ft4 mL ' diciil «*ft» Fh«4- co' t eri ' d by t-bt^ pro 
gram, making the following deductions from his 
total income: 

( 1) An amount for his personal needs as es^ 
tablished under Rule .0313 of this Sub- 



ili 



chapter: 
Income 



zi\cn to the communit\' 



spous 



to pro\idc him, frtnn all sources, a total 
monthh income ec|ual to the "minimum 
monthly maintenance needs allowance" 



defi 



in 42 i;.S.C. 13%r - 5(d) (3); 



(3) Income gN'en to family members descnbed 
m 42 r.S.C. 13^)6r ^ 5ki] <Al to proyjde 
each, from all sources of income, a total 
monthh income equal to one-third of the 
amount established under 42 I .S.('. 13'-)6r 
- 3(d) (3) (.\) (1): 

(4) An amount for unmet medical needs as 
determined under I'arauaph (f) o( this 
Rule. 

(c) Patient liability applies to institutional 
charges incurred from the date of admission or 
the first day of the month as appropriate and may 
not be prorated by da\ s if the client liyes in more 
than one institution during the month. 

(d) The county will notrfy the client, the insti- 
tution and the state of the amount of the 
monthly hability and any changes or adjust- 
ments. 

(e) When the patient liability as calculated in 
Paragraph (b) of this Rule exceeds the .Medicaid 
reimbursement rate for the institution for a 3_1_ 
day month: 



( 1) The patient liability will be the insti- 



tution's .Medicaid reimbursement rate tor 
a 3j_ day month: 
(2) The client is placed on a deductible deter- 
mined m accordance w ith Federal rciiu- 
lations and Rules .1)404, .0403 and .0406 



of this Subchapter, 
(f) The am(uint deducted from income for un- 
mct medical neeiis is determined as tollows: 



(1) 



nmet metlical needs are: 



(A) .Medical care eo\ered by the program 
but that exceeds limits on co\erage of that 
care and that is not subject to payment 
by a third part\ •; 

(B) Medical care recogni/'ed under State 
and lederal tax law th.it is nol_ coyered 
by the progr:im and th,it p^ not subject to 
paMnent by a third part\ : and 

(C) .Amounts for .Medic, ire and other health 
insurance premiums, deductible 



n 

coinsurance c 



or 



:h:irges that are not subject 



to pa\ment b\ a third part\ . 



NORTH CAROLINA REGISTER 



ms 



PROPOSED RULES 



(2) I he monthh' amount of unmet medical 
ncetls deelucted Irom mimlhh inecimc i^ 
the tdtal o[ the lollciuiim: 

(A) Monthh charges tor Medicare and 
other health msuranee premiums: 

( !}) I stimateii monthh cost of iither recur- 



c 



rinLT unmet medic. il needs. I his estimate 
is made in accordance uith lederal reeu- 



lati 



ons. 



(3) I nmet medical needs that (K'cur onK one 
time are di'ducled when thev are incurred. 

(4) I olIowinL! the certification penod lor 
which recurnni; unmet medical needs were 
estim.iled. the chllerence bet ween total 
amount of estimated unmet medical needs 
anil the actual amount ot unmet medical 



needs incurred durinL; that perunl is re- 
soh ed as lollows: 

( A ) If the estimated amount of unmet 
medical needs exceeds the actual amount 
o\_ unmet medical needs hv more than fi\e 
d(>llars Cf.s.iii)) per month, the ditference 
|s added to income \v hen detemiinim; pa- 
tient liahililN lor the earliest possible 
mtmth tor which patient liability can be 
increased m accordance w ith ad\'ance no- 
tice requirements at in NCWC 5()A .0.^1)2: 

(B) ]_f the estimated amount ol unmet 
medical necils is less than the actual 
amount <M_ unmet medical needs bv more 
than five dollars ('{'5. HO) per month, the 
difference is deducted from income when 
detemiininiz patient li.ibilit\ tor the 
month(s) tollowiniz the month in which 



resolution 



julated. 



Authoritv G.S. IOSA-54: 42 C.F.R. 435.732; 42 
C.F.R. 435.733: 42 C.F.R. 435.83/: 42 C.F.R 
435. S32: P.L. 100-360: P.L. /00-4S5. 

nri.K 15 DIPARIMKMOI 

ENA IRONMKNT, IlKALTH, AND 

NATl RAI, RESOL RCES 

1\ oticc is licreby given in accordance wilh G.S. 
I50B-I2 that the \orlh Carolina Wildlife Re- 
sources Commission intends to amend nile(s) 
cited as 15 \'CAC I OB .0115. 

1 he proposed effecti\e date of this action is 
March I. 1990. 

1 he public hearing will be conducted at 7:00 
p.m. on December 10, 19S9 at Commissioners' 
Meeting Room. Fhird Floor, Wilson County Ad- 
ministrative Offices and Liiw Fnforcemcnt Center. 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from De- 
cember 4, I9H9 to January 3, 1990. Such written 
comments must be delivered or mailed to the .\ .C. 
Wildlife Commission. 5/2 A'. Salisbury St., 
Raleigh. \C 27611. 

CILVI'IKK 10 - W II. 1)1. II K RK.SOl KCKS AM) 
W A IKK S.VI K TV 

SI BCHAPTER lOB - IILNTING AND 
TRAPPING 

SKCTION .0100 - (;F\KRAI KKGll.ATIONS 

.0115 SMIMNG LIGHIS IN DKF.R ARF.AS 

(b) No person shall, between the hours of 1 1:00 
p.m. and one-half hour before sunrise, inten- 
tionally shine a light upon a deer or intentionally 
sweep a light in search of deer in the indicated 
portions of the following counties: 

( 1 ) Beaufort -- entire county; 

(2) Bladen -- entire county: 

(3) Bixinswick -- entire county; 

(4) Camden -- entire county; 

(5) Chowan -- entire county; 

(6) Currituck -- entire county; 

(7) f^uplin — entire county; 

(8) I-dgecombe -- entire county; 

(9) Franklin -- entire county; 

(10) Gates -- entire county; 

(11) Granville -- entire county; 

(12) Greene -- entire count\'; 

(13) Hertford -- entire county; 

(14) I loke -- entire county; 

(15) Ihde -- entire county, except that part 
of the county described in Paragraph (c) 
of this Rule; 

(16) Jones -- entire county; 

(17) Lenoir -- entire county; 

(18) Martin -- entire county; 

(19) Montgomery -- entire county; 

(20) Nash -- entire county; 

(21) Orange -- entire count>'; 

(22) Pamlico -- entire county; 

(23) Pasquotank -- entire county; 

(24) Pender -- entire county; 

(25) Perquimans -- entire county; 

(26) Pitt -- entire county; 

(27) Richmond - entire county; 
(2S) Robeson -- entire county; 

(29) Sampson -- entire county; 

(30) Tyrrell — entire county; 

(31) Vance — entire county; 

(32) Wake -- entire county: 

(33) Warren -- entire counts-; 



S09 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(34) Washington - entire county; 

(35) Wayne -- entire county; 

(36) Wilson - entire county. 

Statutory Authority G.S. 113-134; 1 1 3-29 I.I: 
S.L. 1981, Ch. 410; S.L. I9SI (Second Session 
19S2). Ch. 1180. 

Uri.K 21 - OCX I FA riONAL LICKNSING 
BOARDS 



lyotice is hereby gi\-en in accordance with G.S. 
1 503- 1 2 that the North Carolina State Board of 
CPA Examiners intends to amend nde(s) cited 
as 21 \CAC SA .0301; 8C .0121; 81' .0103. .0105, 
.0401, .0502; SG .0112. .0403 - .0404. .0406. 
.0409; 8H .0001. .0003 - .0004; 81 .0004; 8J 
.0001, .0005; and adopt nde(s) cited as 21 NCAC 
8A .0311. 



Th 



he proposed effecth-e date of this action is 
March I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on December 18. 1989 at N.C. State Board 
of CPA Examiners. 1 101 Oberlin Road. Ste. 104. 
Raleigh. NC 27605. 

(^ omment Procedures: Any person interested in 
these rules may present oral comments relevant to 
the action proposed at the public nde-making 
hearing or deliver written comments to the Board 
office not later than 5:00 p.m. on Eriday, Decem- 
ber 15. 1989. Anyone planning to attend the 
hearing should notify the Deputy Director at the 
Board office by noon on .Monday. December II, 
1989. whether they wish to speak on the proposals 
and whether they will speak in fa\or of the pro- 
posals or against them. 

CHAPTER 8 - BOARD OK CKRTII IKO PIBLIC 
ACCOLNTAM KXAMINKRS 

SLBCIIAPTER 8A - DEPARIMEM AL Rl LES 

SECTION .0300 - DEFINITIONS 

.0301 DEMNITIONS 

(b) In addition to the definitions set out in G.S. 
93- 1(a), the following definitions and other defi- 
nitions in this Section apply when these terms are 
used in 21 NCAC 8; 

( 15) "license vear" means the 12 months be 



(17) f44^ "NCACPA" means the North 
(Carolina Association of (Certified Public 
Acccnintants; 

(18) (-14) "Retired," when used to refer to the 
status of a person, describes a person 
possessing a North Carolina certificate of 
qualification who: 

(A) does not receive any earned compen- 
sation for current personal services in any 
job whatsoever; and 

(B) does not render services in the field of 
accountancy on a voluntary basis; and 

(19) (-1-S) "Revenue Department" means the 
North Carolina Department of Revenue. 

Statutory Authority G.S. 93-1 . 

.0.31 I EMPHASIS IN lAXATION OR 
.\CCOl NTINC. 

Pursuant to G.S. 93-12(5), a law degree with an 
emphasis in taxation or accounting may be sub- 
stituted for one year of the experience require- 
ment for certification purposes. For the 
purposes of this substitution, an "emphasis in 
taxation or accounting" shall mean 12 semester 
hours in taxation or accounting above the 
undergraduate le\el. 

Statutory Authority G.S. 93-12(5). 

SJ BCIIAPTER 8C - CONTES1 ED CASES 

SECTION .0100 - PROCEDURE IN CONTESTED 
CASES 

.0121 SKRMCE OKSl BPOENAS 

(a) Subpoenas shall be served as the officer is- 
suing the subpoenas shall direct and as may be 
appropriate to the circumstances of the case. 
Subpoenas may be directed to be served by any 
of the following methods: 

(1) by a Board employee; or 

(2) by the sheriff of the county in which the 
person subpoenaed resides, when the 
party requesting the subpoena prepays the 
sheriffs service tec; or 

(3) bv certified mail through the I IS. Postal 
Service. 



Statutory Authority G.S. 93-12; I50B-39. 

SLBCIIAPTER 8F - REQl IREMENIS FOR 

CKRIIFIED PI BIIC A( ( Ol NTANT 

E.XAMINAIION AND ( ERIIFICATE 

APPLICANTS 



ginning .lulv J_ and ending .lune 31); 
(16) (4^ "NASBA ' means the National As- 
sociation of State Boards of Accountancy; 



i^ SECTION .0100 - GENERAL PROVISIONS 



.0103 FILING OF EXAMIN.VTION 
APPLICATIONS AND FEES 



NORTH CAROLINA REGISTER 



810 



PROPOSED RULES 



(c) OlTicial transcripts (originals - not photo- 
copies) signed by the college registrar and bearing 
the college seal are required to pro\e education 
and degree requirements. \ letter from the »ea- 
demio d e an college registrar ot the school may 
be tiled as documentation that the applicant has 
met the graduation requirements if the degree has 
not been awarded and or posted to the transcript. 
ilo\\e\er, no examination grades will be released 
until an official transcript is filed confirming the 
information supplied in the acadumic dean r i col- 
lege registrar's letter. All applicants submitting 
transcripts from foreign schools for consideration 
of degree and or of meeting accountancy course 
reciuirements must ha\e had the transcript{s) 
e\aluated by a Board-appro\ed educational eval- 
uation service. jVpplicant^ . ^. hiill r e ad th e ir trun 
i i criptr . k* ck ' termin e tf they contain tttt t4+e 
required information. .Applicants shall be re- 
spcmsible for determining that their transcripts 
contain all the required intormation. 



Suuulon' Aulhoriiv G.S. 
93-/2(5). 



93-12(3): 93-12(4); 



.0105 P.VSSING GR.\DKS 

(c) A candidate receiving conditional credit in- 
itially as provided for under -3-1- NC;\C ^ 
.01()5(b) Paraiiraph (b) of this Rule shall retain 
credit for a period of not more than the five suc- 
ceeding examinations offered by the Board pro- 
\ided that for the period durine which an 
applicant who was oi !ii lH ■"-''i^'-' militar\' service 
any time subsequent to recei\ing conditional 
credit, only those examinations lor which that 
applicant has applied and has been appnned 
shall be considered as succeeding examinations. 

fe->- l-ft computing t4+e ftvt* succeeding examina 
tion!i off e r e d by t+w* Hoard, t4+e time r . pent m- th« 
military r . enice '. hall l*e excluded: hinve' i er. » 
candidate i+i- (+k» military ^ l ers ice i i hall wMr receise 
f+H- e .xt e iV ' ion ft+f WHr examinations tak e n ' ■ shilo » 
tfee military '. er' i ice. 

Stalutoiy Aulhority G.S. 93-12(3); 93-/2(5). 

SKCI ION .0400 - KXPKRIKNCE 

.0401 WORK KXPERIKNCE REQl IRED OF 
C.WDID.MES FOR CPA 
CERIM IC.MION 

(b) The following pro%isions apply to all can- 
didates seeking to meet the work experience re- 
quirement by working in the field of accounting. 
G.S. 93-12(5)(second a.) and (second c). 

(2) trt order k+ calculate hov . much v . (irk e*- 
penence » candidate hw. acquired. *li 
sveek ' j e( actiuil full time employment af» 
abided k+ ali full tim e e quiscilenl vveekn. 



All weeks of actual full-time employment 
are added Ui al] full-time equivalent weeks 
in order to calculate how much work ex- 
perience a candidate has acquired. Di- 
viding that number by 52 results in the 
years of work experience the candidate has 
acquired. 

Statuion' Authority G.S. 93-/2(3 1: 93-/2(5). 

SECI ION .0500 - AI'I'I.ICA I IONS FOR 
CERTIFICATES 

.0502 AI'Pl ICATION FOR CPA CERTIFICATE 

(b) Three certificates of good moral character 
signed by CPAs shall be submitted with the ap- 
plication for a CP.\ certificate, unle '. s, ' i vithin t-bi* 
pr e c e ding m* month '. , tl+e applicant r . ubmitted »» 
examination application A«t- contained c e rtif 
icuter . ef good morLiI charact e r '. ign e d h^ CPi\r i . 

Statutory Authority G.S. 93-/2(5). 

SL BCHAPTER 8G - PROFESSIONAL ETHICS 
AND CONDUCT 

SECTION .0100 - GENERAL PROMSIONS 

.0112 DISCIPLINARY .ACTIONS FOR 
MOLATIONS 

(a) Any person or firm having violated any ac- 
countancy statute or rule of this Board may be 
subjected for each such violation to any of the 
following disciplinarv' actions or a combination 
of such: 

(5) Fine Civil penalty - may be assessed in 
amounts of up to one thousand doUars 
($1,000) per violation, as determined by 
the Board. The amount of the 6fi<* civil 
penalty is based on the number and se- 
venty of the violations. Pnvileges in 
professional associations are usually not 
affected, nor is the right to use the CPA 
title affected. line - j Civil penalties as- 
sessed are made pubhc in the same man- 
ner as a censure. 
(7) Revocation - is pennanent unless a person 
whose certificate is revoked applies for 
and is granted a new certificate of quah- 
fication^ pursuant to 2A NCAC SI .0004. 
Application k*f et ne' i v certificate may l*e 
made «+ rt«y lime after revocation. Prior 
Ur^ granting a »evr certificate, At* Board 
may impose certain coiulition ' j upon an 
applicitnt vv ho ''e former liceii ' je w** fe- 
voked. A revocation is published and 
announced in the same manner as a cen- 
sure or suspension. A revocation may 
result in suspension of privileges to prac- 



SIl 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



tice before the IRS and the Revenue De- 
partment. Memberships in associations 
may be terminated along with the ability 
to participate in group insurance plans. 
A CPA employed by a professional uw < o 
ciution corporation must terminate em- 
ployment and sever all financial interests 
in the professional aor i ociution. corpo- 
ration. 

Statutory Authority G. S. 55B-/2; 93-12(9). 

SECTION .0400 - COM l\L ING 
PROFESSIONAL EDLCATION 

.0403 QIAIII ICAIION OF Cl'E SPONSORS 

(d) In the CPH program sponsor agreement 
with the Board, the approved sponsor will agree 
to: 

(3) state the following in every brochure or 
other publication or announcement con- 
cerning a course: 

(A) the general content of the course and 
the specific knowledge or skill taught in 
the course; 

(B) any prerequisites for the course and any 
advance preparation; 

(C) the le\el of the course, such as basic, 
intennediate, or ad\anced; 

(D) the teaching methods to be used in the 
course; 

(E) the amount of recommended CPE cre- 
dit a CPA who takes the course could 
claim; and 

(F) the date the course is oflcred. if the 
course is offered only on a certain date, 
and, if applicable, the location; 

(9) monitor uttendcmc e a4- a group counx' te 
assign accurately the number of CPl: cre- 
dits each participant may be eligible to 
receive bv cither: 
(A) monitoring attendance at a sjoup 
course; or 



(B) testini! in order \o_ determine if the par- 
ticipant has appropnatelv learned the ma- 
terial presented; 

(12) systematically review the e\aluation pro- 
cess to ensure its elTectivcness; »fHi 

( 13) retain for fi\'e years from the date of the 
course presentation or completion: 

(■\) a record of participants completing 

ccuirse credit requirements; 
f B) an outline of the course (or equi\alcnl); 

(C) the date and location of presentation; 
(1)) the partici[xint e\aluations or summa- 
ries of e\aluali(ms; 

(F. ) the documentation of the instructor's 
qualifications; and 



(F) the number of contact hours recom- 
mended for each participant; 

( 14) have a visible, continucnis and identifiable 
contact person who i^ chariied with the 
administration ot^^ the sponsor s ("I'F pro- 
grams and has the responsibility and is 
accountable for assunng and demonstrat- 
ing compliance with these Riles bv the 
sptmsor or bv any other organization 
working with the sponsor for the devel- 
opment, distribution and or presentation 
ot Cl'I' courses; 

( 15) de\'elop and promulgate policies and 
procedures for the management of griev- 
ances including, but not limited to. tuition 
and fee retunds; 



( 16) possess a budget and resources that are 
adequate for the activities undertaken and 
their continued improvement; and 

(17) f+rH effective Januar>- 1, l^'JO, provide 
persons completing course requirements 
\\ ith written proof of completion indicat- 
ing the participant's name, the name of 
the course, the date the course was held, 
the sponsor's name and address, and the 
number of CPE hours calculated and re- 
commended in accordance with 21 NCAC 
SG .0409. 

(e) Failure of an approved sponsor to comply 
with the tenns of the CPE program sponsor 
agreement shall be grounds for the Board to ter- 
minate the agreement, to remove the approved 
sponsor's name from the fist of approved spon- 
sors and to notify the public of this action. 

Statutory Authority G.S. 93-l2(Sb). 

.0404 RFQl IRFMENTS FOR CPF CREDIT 

(c) In addition to courses sponsored by ap- 
proved sponsors, the following may qualify as 
acceptable types of continuing education pro- 
grams, provided the programs comply with the 
requirements set forth in Paraizraph (a) of this 
Rule: 

(1) professional development programs of 
national and state accounting organiza- 
tions; 

(2) technical sessions at meetings of national 
and state accounting organizations and 
their chapters; 

(3) courses taken at regionally accredited col- 
leges and universities; 

(4) formal educational programs conducted 
\\ ithin an association of accounting firms; 
and 

(5) formal correspondence courses. 

A CPA ma\' claim credit for a course offered bv 
a non-appro\ed sponsor pro\idcd that the course 



NORTH CAROLINA REGISTER 



SI2 



PROPOSED RULES 



meets the requirements of Rules .()4n3(d), .0404, 
and .040'^) ot this Sectuin. \\_ ]s_ tjie responsihility 
ot the (PA to maintain d(K'umentati(m proNina 
that the course met these standards. 

Statutory Authority G.S. 93-/2(SbJ. 

.0406 COMIM IWCF. WITH CPK 
KKQl IKKMKMS 

(a) All active CPAs must file with the Board a 
completed CPE reportmg form by the July 1 re- 
newal date of each year. Inactive CPAs must file 
with the Board an affidavit of exemption from 
the CPE requirement by the July 1 renewal date. 
efr tf thoy de '' iro te comply with t+n* CPB w- 
quiri ' mcnt! ' . mu^ i t fy*» » cc)mplotL ' d CPlv reporting 

T .-A r~r~ir\ \-\ i r f V-i - i t ■Ijit^t 

(b) if a CPA fails to complete the CPE re- 
quirements prior to the end of the previous cal- 
endar year but the CPA has completed them by 
the July 1 renewal date, the Board may, in its 
discretion: 

(1) change the CPA's status from active to 
conditional, and may impose any condi- 
tions that the Board considers appropriate 
in the circumstances, as a penalty for the 
first such failure within a five calendar 
year period; 

(2) place the CPA on conditional status again 
and require the payment of a &«»» civil 
penalty of one hundred doUars ($100.00) 
for the second such failure within a five 
calendar year period; and 

(3) deny the renewal of the CPAs certificate 
for a period of not less than 30 days and 
until the CPA meets the reinstatement 
requirements set forth in 21 NCAC 8J 
.0006 for the third such failure within a 
five calendar year period. 

Statutory Authority G.S. 93-I2(8b): 03-l2(9e). 

.0409 COMI'LIATION OF CPK CRKDITS 

(b) College Courses. CPE credit for a college 
course in the college curriculum will be granted 
based on the number of credit hours the college 
gives the CPA for completing the course. One 
semester hour of college credit is 15 CPE credits; 
one quarter hour of college credit is ten CPE 
credits; and one continuing education unit 
(CEU) is ten CPE credits. If a college course 
does not carry credit, CPE credit for the course 
will be based on the number of contact hours of 
the course using the formula set out in Paragraph 
(a) of tliis Rule. However, under no e vent cir- 
cumstances wiU CPE credit be gi\en to a CPA 
who audits a college course. 



(d) Instructing a CPE Course. CPE credit for 
teaching or presenting a CPE course is given 
based on the number of contact hours spent in 
preparing and presenting the course. No more 
than 50 percent of the CI'E credits required for 
a year may be credits for prepanng for and pre- 
senting a course. CPE credit for preparing for 
and presenting a course is allowed only once a 
year for a course presented more than once in the 
same year by the same CPA. Instnictors of un- 
dergraduate level college courses may not claim 
any CPI credit tor such courses; however, in- 
structors of graduate le\el courses may claim 
credit if the courses are conducted in accordance 
with Rules .0403 and .0404 of this Section. 



Statutory Authority G.S. 93-I2(Sb). 

SLBCHAPTF.R 8H - RECIPROCITY 

.0001 RECIPROCAL CERTIFICATES 

(c) An applicant for a reciprocal certificate 
must meet all of the current requirements im- 
posed on an applicant under G.S. 93-12(5) or the 
following requirements, which the Board consid- 
ers to be substantially equivalent to those re- 
quirements: 

(2) The applicant: 

(A) within ten years immediately preceding 
the tiling date of the application, has had 
four years of experience in the field of ac- 
counting under the direct supervision of a 
CPA who held a valid License during the 
period of supervision in any state or terri- 
tory of the United States or the District 
of Columbia; a«4 within Vet* yoaro immo 
diately prcct ' ding t4**» filing tfek* »f t4*e ap- 
plication; or 

(B) has ten years of experience in the field 
of accounting, or ten years of experience 
teaching accounting as defmed and calcu- 
lated in 21 NCAC 8E .0409, or any com- 
bination of such experience earned within 
the 12 years immediately preceding the 
filing date of the application. 

Statuton' Authority G.S. 93-/2(6/; 93-12(7a). 

.0003 APPLICATION FOR TEMPORARY 
PERMIT 

(b) The initial application fee and the renewal 
fee for temporary permits shaU be the maximum 
amount allowed by statute for each fi ' . ' Cal license 
year or fraction thereof 

(c) Upon approval of a temporary permit, the 
Board will issue the applicant a ««4 ' . . luting 
statement confimiinc: that the CPA is entitled 
temporanly to use the CPA title and engage in 



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NORTH CAROLINA REGISTER 



PROPOSED RULES 



the public practice of accountancy in North Ca- 
rolina for a stated ri ' , . cul license year or fraction 
thereof. 



Statutory A uthority 
93-l2(7a): 93-l2(S). 



G.S. 93-10; 93-12(6); 



.0004 NOTICE TO BOARD OF DISCIPLINE 
BY OTHER AGENCY 

Any applicant for or holder of a tcmporarv' or 
reciprocal certificate issued by this Board shall 
ud' i ii i o A* lixL'outi' . o Director i» writing vsithin 
-y> dayti aftc ' r being di - jciplinL > d l*v awf other otato 
lic e ncing agency ef gosemmontal body. also 
comply with the reporting requirements listed in 
21 NCAC 8G .1)113. 

Statutory Authority G.S. 93-12(3). 

SLBCIIAI'TER 81 - REVOCATION OF 

CERTIFICATES AND OTHER DISCIPLINARY 

ACnON 

.0004 MODIFICATION OF DISCIPLINE 
AND NEW CERTIFICATE 

(e) No application for a new certificate or for 
modification of discipline will be considered 
while the applicant is serving a sentence for any 
criminal offense, including any period during 
which the applicant is on probation or parole 
pursuant to that criminal offense. 



Statutory .Authority G.S. 55B-/2; 93-2; 

93-l2(7a); 93-l2(7b); 93-12(9). 

SUBCHAPTER 8.1 - RENEWALS AND 
REGIS IRATIONS 

.0001 ANNUAL RENEWAL OF CERIIFICAIE, 
FORFEITURE AND REAPPLICA HON 

(c) Upon failure of a CPA to comply with any 
applicable part of Paragraph (b) of this Rule by 
July h the Board will send notice of such failure 
to the CPA at the most recent mailing address 
the Board has on file. Subsequent failure of the 
CPA to comply with any applicable part of Par- 
agraph (b) of this Rule within 30 days after such 
notice is mailed automatically results in forfeiture 
of the CPA's certificate, as required by G.S. 
93-12(15). 

Statutory Authority G.S. 93-l2(7a): 93-12(8); 
93-l2(8a); 93-l2(8b): 93-12(15). 

.0005 RETIRED AND INACTIN E STATUS: 
CHANGE OF ST.\TUS 

(a) Any CPA may apply to the Board for 
change of status to retired status or inactive status 
provided the CPA meets the description of the 
appropriate status as defined in 21 NCAC 8A 
.0301. Application for any status change may 
be made on the annual certificate renewal form 
or another form pro\ided by the Board. 

Statutory Authority G.S. 93-12(8); 93-l2(8b). 



NORTH CAROLINA REGISTER 



S14 



FINAL RULES 



1 he List of Rules Codified is a listing of 
rules that were filed to be effectne in the 
month indicated. 



l\ules filed for publication in the \CAC 
may not be identical to the proposed text 
published pre\'iously in the Register. Please 
contact this office if you ha\'e any questions. 

/l doptcd ndes filed by the Departments of 
CoiTcction, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. I50B, 
.Article 2 requiring publication in the S.C. 
Register of proposed rules. 

LJ pon request from the adopting agency, the 
text of rules will be published in this section. 



P. 



unctualion, typographical and technical 
changes to ndes are incorporated into the 
List of Rules CfHlified and are noted as * 
Correction. These changes do not change the 
effecth-e date of the rule. 



TITLK 5 - DKPAR TMENT OF 
CORRECTION 

CHAPTER I - DEPARTMENTAL RULES 

SUBCHAF'TER I A - ORGANIZATION OF THE 
DEPARIMENT OF CORRECTION 

SECTION .0100 - GENERAL PROVISIONS 

.0101 NAME AND ADDRESS 

.0102 PI R POSE 

.0103 ORGANIZATION 

.0104 LEVEL OF Al THORITY 

.0105 JLRISDICTION 

.0106 INFORMATION ABOl T THE 

DEPARIMENT OF CORRECTION 

History Sote: Statuton,' .Authority G.S. /5-JS4: 
143-10: 143-11: I43B-260; I43B-26I: 1438-264; 
I43B-266: 148-4: 148-11: 148-26; 148-26.2: 
148-65.1: 148-65 fa); 162-39; 
Eff. February 1, 1976: 
Repealed Eff. December 1, 1989. 

SECTION .0200 - DIVISION OF PRISONS 

.0201 GENERAL 
.0202 STRUCTURE 



History .\ote: Statutory Authority G.S. 143B-10; 
148-11; 

Eff February 1, 1976: 
Repealed Eff December /, 1989. 

SECTION .0300 - Dl\ ISION OF ADULT 
PROBAI ION AND PAROLE 

.0301 GENERAL 
.0302 STRUCTURE 

flistor\' .\'ote: Statutory Authority G.S. I43R-10: 
143B-19; 148-4(61; 
Eff February 1, 1976; 
Amended Eff May 1, 1983; 
Repealed Eff December I. 1989. 

SECTION .0400 - PAROLE COMMISSION 

.0401 STRUCTURE 

.0402 POWERS AND DUTIES 

History Xote: Statutory' Authority G.S. 143B-13: 
143B-266; 143B-276;' 
Eff. February 1 , 1976; 
Repealed Eff December 1. 1989. 

SECTION .0500 - INMATE GRIEVANCE 
COMMISSION 

.0501 STRUCTURE 

.0502 SLBMISSION OF GRIEVANCE OR 
COMPLAINT 

History S'ote: Statutory Authority G.S. 148-101; 
148-102; 148-103; 148-104; 
Eff February 1. 1976; 
Repealed Eff. December 1. 1989. 

SECTION .0600 - BOARD OF CORRECTION 

.0601 STRICTURE 
.0602 DUTIES 

History Xote: Statutory Authority G.S. 
143B-265; 

Eff February 1, 1976; 
Repealed Eff December I. 1989. 

SUBCHAPTER IB - GENERAL 
ADMINISI RATION 

SECTION .0100 - POLIC^ AND PROCEDURE 
DEVELOPMENT 

.0101 GENERAL 

.0102 POLICY DEVELOPMENT AND 

MAINTENANCE 
.0103 AMENDMENTS 

History Sote: Statutory .Authority G.S. 



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NORTH CAROLIN.A REGISTER 



: 



FINAL RULES 



I43B-26I.I; 148-11; 

Eff. Julv I. 1976: 

Repealed Eff. December I, I9S9. 

SLBCFIAITKK IC - FISCAL AD.MIMS TKATION 

SECTION .0100 - OI'KMNG: CHANGING AND 
TRANSFKKRING OF BANK ACCOUNTS 

.0101 IM RI'OSE 
.0102 I'KOCFDl RE 

History Sole: Statutorv Authority G.S. 148-5; 
I4S-II; 

Eff. July I. 1976; 
Repealed Eff December I. 1989. 

SECTION .0200 - INMATES' INCENTI\ E WAGE 
FUND 

.0201 PLRPOSE 
.0202 GENERAL 
.0203 ESTABLISHMENT OF INITIAL 

IMPREST FLND 
.0204 PLACING INMATES ON THE PROGRAM 
.0205 PREPARATION OF PAYROLL 
.0206 MONTHLY REIMBLRSEMENT CLAIMS 

BY UNITS 

History Note: Statutory Authority G.S. 148-1 1 ; 
148-18: 

Eff July I. 1976; 
Repealed Eff December I. 1989. 

SECTION .0300 - INMATE'S WORK RELEASE 
FUNDS 

.0301 PURPOSE 

.0302 GENERAL 

.0303 WORK RELEASE PROGRAM 

.0304 PROCEDURE FOR RECEIPTS OF 

EARNINGS 
.0305 CENTRAL ACCOUNTING OFFICE 

History \ote: Statutory' Authority G.S. I4S-I I ; 
148-33.1 if); 148-33. l'(f) (2); 
Eff July f 1976: 
Repealed Eff December I, 1989. 

SECTION .0400 - TRANSFER OF INMATE'S 
WORK RELEASE FUNDS 

.0401 PURPOSE 

.0402 INMATES ON THE PROGRAM 
.0403 INMATES OFF IHE PROGRAM 
.0404 GENERAL PROVISIONS AND 
INSIRUCTIONS 

History Note: Statutory Authority G.S. 148-1 1; 
148-33.1 (f); 
Eff July I, 1976; 
Repealed Eff December /, 1989. 



SECTION .0500 - CAN lEEN OPERATION 

.0501 PURPOSE 

.0502 GENERAL 

.0503 FISCAL 

.0504 MONTHLY REPORT 

.0505 MERCHANDISE 

History Note: Statutory Authoritv G.S. 148-5; 
148-11; 

Eff Julv I. 1976; 
Repealed Eff December I. 1989. 

SECTION .0600 - TREATMENT FACILITY 
OPERATIONAL FUNDING 

.0601 PURPOSE 

.0602 GENERAL 

.0603 ESTABLISHMENT OF IMPREST FUND 

.0604 PAYMENT OF OPERATIONAL 

EXPENSES 
.0605 MONTHLY REPORTS TO RALEIGH 

ACCOUNTING OFFICE 
.0606 REIMBURSEMENT FROM RALEIGH 

ACCOUNTING OFFICE 

History Note: Statutory- .Authority G.S. 1 48-5; 
148-11; 

Eff Julv I, 1976; 
Repealed Eff December I. 1989. 

SECTION .0700 - TRANSFER OF INMATES' 
TRUST FUND 

.0701 PURPOSE 

.0702 OPENING OF SAVINGS ACCOUNT BY 

INMATE 
.0703 GENERAL PROVISIONS AND 

INSTRUCTIONS 

History Note; Statutory Authority G.S. 148-1 1; 
Eff Julv I, 1976; 
Repealed Eff December I. 1989. 

SECTION .0800 - COMPENSATION UNDER 
EMERGENCY LEAXE POLICY 

.0801 PURPOSE 
.0802 GENERAL 
.0803 FISCAL 

History Note: Statutory Authoritv G.S. 148-5; 
148-1 1; 

Eff. Julv I. 1976; 
Repealed Eff December I. 1989. 

SECTION .0900 - FEDERAL GRANT 
PURCHASING PROCEDURE 

.0901 GENERAL 

.0902 PURCHASE ORDER REQUEST 

(FORM DC-106) 
.0903 APPRO\ AL 



NORTH CAROLINA REGISTER 



SI6 



FINAL RULES 



.0904 PI Km ASK OKDKK 
.0905 M AIKKIAI. RK( KIN KD RKPORT 
(FORM l)C-103) 

Iliston,- Sole: Slalutnrx Authority G.S. 14S-5; 
148-11; 

Eff. July /, IQ-'d: 
Repealed Eff. December I. 1989. 

SECTION .1000 - INMATES' TRUST FUND 

.1001 PURPOSE 
.1002 PROCEDURE 

History Sote: Statutor\- Authority G.S. I4S-I I ; 
Eff. July I. 1976: 
Repealed Eff December I. 1989. 

SUHCIIAPTER ID - STAFF DEVEUOPMENT 
AND TRAINING 

SECTION .0100 - STAFF TRAINING 

.0101 GENERAL 

.0102 GENERAIION OF TRAINING ACTION 

MEMO 
.0103 APPRON AL OF TRAINING ACTION 

MEMO 
.0104 GENERATION OF A DETAILED PLAN 
.0105 IMPLEMENTATION OF TRAINING 

SESSION 

History Sole: Statutor\' .luthority G.S. /~B-2: 
148-11: 

Eff July I, I9~6: 
Repealed Eff December I, 1989. 

SECTION .0200 - REQUEST FOR 

EDUCATIONAL LEAN E AND TUITION 

REFUND 

.0201 GENERAL 

.0202 REQUEST FOR EDUCATIONAL I FAN E 

.0203 APPLICALION FOR TUITION REFUND 

History- Sote: .Authority State Personnel 
Manual 4-7: 
Eff July I. 19^6: 
Amended Eff October If 19^8; 
Repealed Eff December I, 1989. 

SUBCHAPTER IE - PERSONNEL 

SECTION .0100 - PERFORMANCE APPRAISAL 

.0101 GENERAL 
.0102 PROCEDURES 

History Sote: Statutory .Authority G.S. 
143B-26I.I: I43D-36I.I; 
Eff December 12, 19": 
Repealed Eff December I. 1989. 



SECTION .0200 - PERSONNEL SECONDARY 
EMPLONMENI 

.0201 GENERAL 

.0202 PROHIBITIONS 

.0203 REQLKSTS AND APPROVAL 

.0204 DISCIPLINARY ACTION 

Historx- .\ote: Statutory Authority G.S. 148-1 1 ; 
Eff 'June 13. 197S; 
Repealed Eff December I. 1989. 

CHAPTKR 2 - DIN ISION OF PRISONS 

SUBCHAPTER 2F - CUSTODY AND SECURITY 

SECTION .0600 - CUSTODIAL 
CLASSIFICATIONS 

.0605 COMMUNITY RESOURCE COUNCILS 

(a) General. Community Resource Councils 
are developed to pro\ide orderly assistance in 
stimulating community involvement and to pro- 
mote volunteerism in prison facilities throughout 
the state. Council activities shall be governed by 
Department of Correction policies and proce- 
dures. 

(b) Location. Each Division of Prisons facility 
will organize and maintain a community Re- 
source Council. Councils will be established 
based on the nature and function of each facility. 
Upon written justillcation, a facilit\ may request 
a temporar,' exemption from the Director of 
Prisons. 

(c) Appointment. 

(1) The superintendent of each prison facility 
and the respective area administrator, if 
appropriate, will recommend persons to 
ser\'e as council members. Each super- 
intendent and area administrator will 
confer with local community leaders dur- 
ing the selection process. The list of 
nominees wiU be submitted to the De- 
partment of Correction through the chain 
of command, for consideration by the 
Secretar)-. 

(2) The Secretary shall appoint council mem- 
bers to two-year terms. Council ap- 
pointments will be made annually, with 
appointments effective January' 1 of each 
year. When unscheduled vacancies occur, 
new appointees wiU ser\'e the unexpired 
term of the council member being re- 
placed, and may be eligible for reappoint- 
ment to a full term. 

(3) During the initial organization of each 
council, members will be appointed to 
scrs'c staggered terms. Each >'ear mem- 
bers will be reappointed^ howe\er, no 
council shall make By-laws or other poli- 
cies which call for the election of more 



,97 ■ 



NORTH CAROLIN.4 REGISTER 



FINAL RULES 



than one half its members during any one 
year. 
(4) The Secretary may remove any member 
of the council for misfeasance, malfea- 
sance, or nonfeasance. 

(d) Statement of Purpose. 

(1) Councils shall be governed in general 
principle by an established statement of 
purpose approved by the Secretary of 
Correction. Copies of this purpose state- 
ment will be maintained in the Office of 
the Secretary. 

(2) Unit superintendents and council chair- 
persons shall clarify the specific mission 
and purpose of each Community Re- 
source Council. Other goals and short- 
term planning strategies should be 
developed to provide positive leadership 
and recognition of members for the 
achievement of correctional goals estab- 
hshcd by the local facility, the adminis- 
tration, and the Community Resource 
Council. 

(e) By-Laws. Each council shall adopt stand- 
ard by-laws. Issues not addressed by the stand- 
ard by-laws are reserved to the discretion of 
individual councils but must comply with state 
law and with departmental policies and proce- 
dures. 

(f) Community Resource Council Activities. 

(1) Volunteers. Fhe council should be in- 
volved in recruitment of volunteers to as- 
sist in providing volunteer services or 
fund-raising activities at the facility. 

(2) Fund-Raising. Special, local council 
fund-raising guidelines must be designed 
to assure that gifts and donations are ap- 
propriately receipted. If a major [anything 
greater than one thousand dollars 
($1,000)1 fund-raising project is contem- 
plated, such as for the construction of a 
chapel, a separate fund-raismg body must 
be established and incorporated as a non- 
profit organization. .\11 proposed major 
fund-raising projects must be approved 
by the secretary prior to commencement 
of the project. 

(3) Program Activity. Acceptable program 
activities for council volunteers may in- 
clude assisting inmate families in under- 
standing prison policies and procedures, 
providing workshops for staff on relevant 
issues, or generating in-kind contributions 
of equipment and supplies. Provided, any 
in-kind contribution in an amount greater 
than one thousand dollars ($1,000) shall 
be subject to the approval of the secretary. 

(g) Training. 



(1) A training program approved by the Office 
of Volunteer Services will be conducted 
by each unit superintendent or a designee 
for each council member. 

(2) Training should be offered to councils on 
a continuing basis to assure efiiciency of 
operations and the achievement of De- 
partment of Correction goals. 

(h) Reporting. The chairperson of each coun- 
cil shall submit a copy of the minutes of each 
council meeting to the Volunteer Services Pro- 
gram Consultant and to the secretary on a regular 
basis. 1 hcse reports should reflect council ac- 
tivities, achievements and any problems. A pe- 
riodic summary report shall be compiled from all 
minutes submitted to the Office of the Volunteer 
Ser\ices Program Consultant and distributed to 
council chairpersons, area administrators, insti- 
tution heads and unit superintendents. 

(i) Pvaluation. Each council shall complete 
an annual evaluation to determine its progress 
and effectiveness in meeting community needs, 
staff needs, inmate needs, and in the accom- 
plishment of other specific objectives set forth 
by policy or those goals established by the 
council members. 

(j) Recognition Program. Recognition activ- 
ities should be held annually to recognize com- 
munity volunteers and other persons 
instrumental in the attainment of goals and ob- 
jectives and other special achievements which 
merit recognition. 

History Note: Statutory Aulhoritv G.S. I43B-I0; 
148-4: 148-11; 
Eff. Julv I. 1987: 
Amended Eff. December I. 1989. 

SLBCHAPTER 2G - COL RT RELATED 
PROCEEDINGS 

SECTION .0200 - ACCESS TO THE COLRTS 

.0201 GENERAL 

Every inmate committed to the Department of 
Correction shall be afforded reasonable access to 
the courts. In an eflbrt to provide such access, 
the Department will contract for attorneys to 
provide assistance for inmates. 

History Note: Statutory Authority G.S. 148-1 1; 
Eff 'February I, 1976; 
Amended Eff. December 1 , 1989. 

.0202 ACCESS TO COLRTS 

Inmates arc to be counseled and encouraged to 
utilize the legal services contractor in order to 
access the courts. No inmate wiQ be penalized 
due to allegations against the Department or its 
employees presented in petitions and complaints. 



NORTH CAROLINA REGISTER 



SIS 



FINAL RULES 



History Sole: Statutory Authority G.S. 15-176; 
148-11; 

Eff. February I. 1976; 

Amended Eff. December I. I9H9: March I, 1985; 
January 1. /9S5: June J. 1984. 

.0203 DIVISION OF PRISONS 
RESl'ONSimi.lT^ 

(a) Facility responsibility. The Department 
shall work to facilitate the provision of legal ser- 
vices to inmates by the contractor. Each super- 
intendent or institution head wiU be responsible 
for the following: 

(1) Appointing a facility coordinator for in- 
mate access to the contractor; 

(2) Insuring that umt staff become familiar 
with the names and proper identification 
of contractor's staff; and 

(3) Designating reasonably private area(s) in 
the facility for the inmate and attorney to 
meet, consistent with custody, security, 
and operational requirements. The con- 
tractor's attorneys, as well as any private 
attorney retained by an inmate, will not 
be permitted access to staff or other areas 
of the facility without the approval of the 
Department's Legal Counsel. 

(b) Inmate Court Attire. In accordance with 
G.S. 15-176. when an inmate appears in any cri- 
minal court proceeding as a party, the inmate 
must wear ci\iLian clothing. Discharge clothing 
wiU be pro\ided for this purpose. Unless other- 
wise directed by the .Attorney General's Office, 
inmates appearing in court in a civil action will 
be neatly attired in prison clothing commensu- 
rate with their custody grade. 

(c) Legal Mail. Written communication to and 
from the legal services contractor shall be con- 
sidered leaal mail and shall be managed in ac- 
cordance with 5 NCAC 2D .0300. 

(d) Notary Services. Each facility will have 
available a Notar>' Public to notarize legal papers 
for inmates at reasonable times. 

(e) Notice. .-VU facilities within the Di\ision 
of Prisons shall post in conspicuous locations, a 
notice from the contractor, identifying services 
available and the method of contacting the con- 
tractor. 

(f) Orientation. Newly admitted inmates will 
be provided orientation in the Diagnostic and 
Reception Center regarding the a\ailability of le- 
gal assistance from the contractor. 

(g) Complaints. Each prison facility adminis- 
trator win be responsible for documenting staff 
and inmate complaints regarding the contractor's 
staff or pro\ ision of services. Complaints should 
be forwarded through the chain of command to 
the Director of Prisons. 



(h) Supplies. Inmates will be provided with 
paper, carbon paper, and writing implements 
with which the legal services contractor may be 
contacted. The Department will not provide ty- 
pewriters nor photocopy services for the prepa- 
ration of legal documents. 

(i) Law Libraries and Legal .Material. The 
Department will not provide law libraries, legal 
texts or other legal materials. 

Historv S'ote: Statutory^ Authority G.S. 148-1 1; 
Eff 'June 16. 19^8: 
Amended Eff. December 1 , 1989; 
March 1. 1985. 

.0204 INM.\TE - CONTRACTOR ACCESS 

The primary and preferred method of inmate 
access to the courts is through the attorney as- 
sistance program as established by the Depart- 
ment under the contract as specified in Rule 
.0201 of this Subchapter. Inmates should be 
encouraged to contact the legal sen.ices contrac- 
tor for legal assistance. 

(1) Special Provisions for Non-English Speak- 
ing or Illiterate Inmates. The facility super- 
intendent or their designee will initiate the 
contact on behalf of any non-English 
speaking or illiterate inmate who makes it 
known that legal assistance is requested. 
Once contact has been made, the contractor 
is responsible for providing any special as- 
sistance which may be needed. 

(2) Access to Inmates. The contractor will be 
provided access to its inmate clients as fre- 
quently as is required to provide adequate 
legal representation and consistent with the 
terms and conditions as specified in the 
contract. Contact between inmates and the 
contractor is to be ia the form of written 
correspondence or personal visits. 

Histon,- Sole: Statuton' .Authority G.S. 148-1 1 ; 
Eff 'June 16. 1978; 
Amended Eff December 1. 1989. 

.0205 ACCESS TO PRI\ ATE COUNSEL 

Inmates may retain private counsel for legal re- 
presentation. Such attorneys shall be permitted 
access to inmates consistent with 5 NCAC 2D 
.0202(a), and must show proof that an attor- 
ney-client relationship has been established with 
an inmate in a matter which may be pending 
before the court. 

Histon' Sote: Statuton,- .Authority G.S. 148-1 1 ; 
Eff 'June 16, 19-8: 
Amended Eff December 1. 1989. 

.0206 TELEPHONE .\CCESS TO INM.VTE 



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NORTH CAROLINA REGISTER 



FINAL RULES 



CLIENTS 

In exceptional situations where legal deadlines 
make a personal visit or correspondence imprac- 
tical, attorneys may initiate a request with the 
Department's Legal Section for approval to con- 
tact inmate clients by telephone. Authorization 
will be provided to the Superintendent by the 
Department's Legal Section. 

History Note: Statutory Authority G.S. 148-11; 
Eff. December I. I9S9. 

.0207 I'RO SE REPRESENTATION 

Inmates may represent themselves in legal mat- 
ters before the courts. 

History Note: Statutory Authority G.S. 148-11; 
Eff. December I, 1989. 

.0208 LEGAL MATERLALS 

An inmate may possess legal texts and materials 
consistent with 5 NCAC 2F .0503 and 5 NCAC 
2D .0100. However, such items will not be pro- 
vided by the Department. 
(1) The amount of legal materials and texts 
which an inmate may be permitted to keep 
at the prison facility will be limited based 
upon the foliowing: 

(a) The amount of personal storage space 
provided, based upon the inmate's cus- 
tody classification; 

(b) The amount of personal storage space 
available within the prison facility's phys- 
ical plant; and 



(c) The security, safety, sanitation and fire 
hazard considerations afTccting the orderly 
operation of the prison facility. 
(2) Items of personal property, including legal 
materials, which exceed the amount the pri- 
son facility can reasonably accommodate, 
will be disposed of in accordance with 5 
NCAC 2F .0504(a). The inmate may mail 
the items to an addressee of his/her choice 
at the inmate's expense. Indigent inmates 
may have items mailed through the Inmate 
Welfare Fund. 

History Note: Statutory Authority G.S. 148-1 1; 
Eff December I, 1989. 

.0209 INAL\TE ASSISTANCE 

The establishment of the attorney assistance 
program with a duly licensed legal services con- 
tractor negates the need for one inmate to pro- 
vide legal assistance to another inmate. It shall 
be a disciphnary infraction for inmates to provide 
legal assistance to other inmates or to otherwise 
practice law, as defined by G.S. 84-2.1. Inmates 
who violate this Rule may be charged with \io- 
lating disciplinary offense No. 39 and/or prose- 
cuted under G.S. 84-4 and 84-8. 

History Note: Statutory Authority G.S. 84-2.1 ; 
84-4; 84-8; 148-11; 
Eff December I. 1989. 



NORTH CAROLINA REGISTER 



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NOR TH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 

TITLK/M UOR DIMSIONS OF THE NOR IH CAROLINA ADMINISTRAin E CODE 
TITLE DEPARIMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Economic and Community Development, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Go\emor, OtTice of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Environment, Health, and Natural Resources. Department of 

16 PubUc Education, Department of 

17 Revenue, Department of 

18 Secretar.- of State, Department of 
19A Transportation. Department of 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 .Administrative Procedures 

23 Community Colleges, Department of 

24 Independent .Agencies 

25 State Personnel, OtTice of 

26 Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 .Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners. Board of 

8 Certified Pubhc .Accountant Examiners. Board of 

10 Chiropractic Examiners. Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic .Art E.xamincrs, Board of 

16 Dental Examiners. Board of 

18 Electrical Contractors. Board of Examiners of 

20 Foresters. Board of Registration for 

21 Geologists. Board of 

22 Hearing .Aid Dealers and Fitters Board 
26 Landscape .Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therap\ Certification Board 

32 Medical Examiners, Board of 

33 .Mid\\iler>- Joint Committee 

34 Mortuary Science, Board of 

36 Nursing. Board of 

37 Nursing Home .Administrators. Board of 

38 Occupational I'herapists. Board of 
40 Opticians. Board of 

42 Optometp,'. Board of Examiners in 



S2 1 NOR TH CAROLINA REGIS TER 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



44 Osteopathic Fxamination and Registration, Board of 

46 Fhanmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing I'sychologists, Board of 

56 Professional Engineers and Eand Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian E.xaminers, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CAROLINA REGIS TER 822 



CUMULA TIVE INDEX 



CUMULATIVE ISDEX 

{April I9S9 - March 1990) 



1989 - 1990 



Pages 



Issue 



1 - 151 1- Apnl 

152 - 192 2- Apnl 

193 - 216 3- May 

217 - 289 4- May 

290 - 311 5- June 

312 - 364 6- June 

365 - 454 7- July 

455 - 477 8- July 

478 - 521 9- August 

522 - 584 10- August 

585 - 616 11- September 

617 - 658 12- September 

659 - 712 13- October 

713 - 765 14- October 

766- 801 15- Noyember 

802 - 825 16- November 



AO - Administrati\e Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TW - Jemporan, Rule 



ADMIMSIRAinK ORDKR 

Administrative Order, 4, 152, 802 

AGRICLLHRK 

Cotton Warehouse, 220 PR 

Markets, 217 PR, 546 PR 

N.C. Pesticide Board, 292 PR 

N.C. Plant Conser%ation Board, 196 PR 

N.C. State Fair, 217 PR 

Plant Industry-, 153 PR, 218 PR 

COMMLA.ITY COLI.ECKS 

Board of Community Colleses, 352 PR 



S25 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CORRECTION 

Departmental Rules, 815 FR 

Division of Prisons, 472 PR, 646 FR, 759 FR, 817 FR 

CRIME CONTROL AND PLBLIC SAFETY 

Victim and Justice Scniccs, 573 PR 

CULTURAL RESOURCES 

Archives and History, 370 PR, 455 PR, 593 PR, 720 PR 

^Vrts Council, 371 PR 

U.S.S. North Carolina Battleship Commission, 548 PR 

ECONOMIC AND CO.MMUAITY DEVELOPMENT 

Finance Center, 368 PR 

Ha7,ardous Waste Management Commission, 716 PR 

N.C. Cemeter>' Commission, 198 PR, 766 PR 

N.C. Milk Commission, 455 PR 

N.C. Seafood Industrial Park Authority, 806 PR 

EDUCATION 

Elementary and Secondary Education, 253 PR, 295 PR, 511 PR, 739 PR 

ELECTIONS, STATE BOARD OF 

Departmental Rules, 661 PR 

ENA IRONMENT, HEALTH, AND NA lURAL RESOURCES 

Coastal Management, 239 PR. 508 PR, 574 PR, 735 PR 

Community Assistance, 134 PR 

Departmental Rules, 601 PR 

Economic Opportunity, 178 PR 

Environmental Manasiement, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 

431 PR. 456 PR, 700 PR, 730 PR 
Governor's Waste Management Board, 617 C 
Manne Fisheries, 47 PRr457 PR 
Wildlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR, 574 PR, 

700 PR, 738 PR, 776 PR, 809 PR 

FINAL DECISION LEITERS 

Voting Rights Act, 5. 193, 367, 523, 587, 618, 659, 714, 803 

FESAL Rl LES 

List of Rules Codified, 183 FR, 274 FR, 303 FR, 445 FR, 515 FR, 609 FR, 704 FR, 788 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 290, 312, 365, 478, 522, 585, 713 

HUMAN RESOURCES 

Departmental Rules, 372 PR 

Facility Ser\ices, 199 PR, 377 PR, 594 PR 

Governor's Waste Management Board, 552 PR 

Health Services, 153 PR,"'315 PR, 405 PR, 661 PR 

Medical Assistance, 158 PR, 2')4 PR, 455 PR, 549 PR, 601 PR, 620 PR, 722 PR, 808 PR 

Mental Health: .Mental Retardation and Substance Abuse Services, 17 PR, 417 PR, 685 PR 

Social Services, 550 PR, 773 PR 

Vocational Rehabilitation Services, 7 PR, 766 PR 

Water Treatment Facility Operators Board of Certification, 549 PR 

INDEPENDENT AGENCIES 

Housing Finance Agency, 459 PR 



NORTH CAROLINA REGISTER 824 



CUMULA TIVE INDEX 



INSIRANCE 

Agent Services Division, 561 PR 

rnanccring and Buildinu Codes, 775 PR 

rirc and Casualty Division, 202 PR, 479 PR, 689 PR 

life. Accident and Health Division, 690 PR 

.JUSTICE 

Criminal Justice Fducation and Training Standards Commission, 569 PR 

Pri\ate Protective Services Board, 621 PR 

Sheriffs Education and Training Standards Division, 491 PR 

LICENSING BOARDS 

yVrchitecture, 349 PR 

CPA Fxaminers, 458 PR, 810 PR 

Ficctncal Contractors, 741 PR 

General Contractors, 512 PR 

Landscape Architects, 443 PR. 756 PR 

Medical Examiners, 604 PR, 701 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursmg, Board of, 2<r% PR, 778 PR 

Physical Therapy Examiners, 262 PR 

Plumbing and Heating Contractors, 757 PR 

Practicing Psychologists. 606 PR 

Sanitarian Examiners, Board of, 785 PR 

REVENLE 

Sales and Use Tax, 353 ER 

STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 4M PR, 624 PR, 786 PR 

STATEMENTS OE ORGANIZATION 

Statements of Organization. 524 SO 

TRANSPORTATION 

Division of Motor Vehicles, 140 ER, 607 ER, 648 ER 



S25 NOR TH CAROLINA REGIS TER 



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